The indorsed complaint alleges a cause of action for money had and received. The facts are not disputed. However, it is the application of law to those facts which is in contention.
Defendant moves to dismiss the complaint pursuant to CPLR 3211 (subd. [a]).
On December 11, 1964 while plaintiff's mother, an 86-year-old widow, lived alone in a 3-room apartment, she suffered from...
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